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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS.
THE Mr, YCR I\NO COMMON COUNCil. OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS H111//S
SECTION 1
. apler 860 of the Sari Bernardino Municipal Code IS hereby
amended In It: c- llei" i tc load as follows
Sections:
8.60.010
8.60.015
8.60.020
8.60.030
8.60.040
8.60.050
8.60.060
8.60.070
8.60.080
8.60.090
8.60.100
8.60.110
8.60.120
8.60.130
8.60.140
8.60.150
8.60.160
CHAPTER 8.60
FIREWORKS
Location of Sales and Discharge of Fireworks.
Sale of Fireworks to Minors Prohibited; Identification Required.
License - Required. .._>
License - Application - Public liability insurance:
License - Notice of granting or rejection.
License - Prerequisites to issuance.
Suspension of license - Appeal procedure.
Operation of temporary fireworks stand.
Requirements for Fireworks Supplier.
Ucense tax.
Temporary sales tax permit required.
Display of license and sales tax permit.
Permissible locations for discharge.
Prohibitions on sale or discharge.
Reference to determination of safe and sane fireworks.
Violation - Penalty.
Financial Reporting.
8.60.010 Location of Sales and Discharge of Fireworks.
,ate? and sane il .'1CI ~ S as defined by Section 12529 of the Health and Safety Code of the
~tatc fray be so:r'Y:'.J discharged Wltl1Ifl the City subject to the requirements of this
~:hapter except ;"it such sale or discharge shall not be allowed In the following
jeslgndted ar'?ch:,,;!~h areas are depicted on a Illap entitled "Location of Sales and
,)Ischarge of f Irt,wur's on file in the City Clerk's Office and incorporated herein by
'eference a redul:ti(I.:PY of which IS attached to this Chapter. Such areas are designated
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS.
.'^ Tllai area within the City lYing north of a line extending from the west City limits
at Hlghlamj f\venue to the east City limits and bounded on the south side by streets
and hlqhway,; as follows
COITHll<cllCil1Cj 'rom the west City limits at the centerline of Highland Avenue thence
easterlv tD the Intersection of Highland Avenue and the 210/30 Freeway: thence
easterlv follOWing the 210/30 Freeway to the interchange of Highway 330. thence
northeasteny follOWing Highway 330 to the Intersection of Highland Avenue. east
of Boulder fI'ence easterly from the Intersection of Highland Ave and Highway 330
along tile centerline of Highland Avenue. thence continuing south-easterly along the
centerline of Highland Avenue and its south-easterly prolongation to the intersection
Df the soufherlv prolongation of the most easterly border-line of the City of San
Bernar'ilr.O as depicted on the previously referenced map on file In the City Clerk,
a red",,?:j cc>" of which IS attached to this Chapter
EO, Tha' area within the City. whether contiguous or not which lies north or northwest
of a 11r1e fren; tne west City limits at Highland Avenue, in a westerly direction on
Highland Avenue to the 210 Freeway and then west on the 210 Freeway to thef:':lS'
fCreewav T nat area Within the City whether contiguous or not. which lies north or
northeast of rhe Intersection of the 1-15 Freeway and the 215 Freeway. as depicted
on the prevlciusiy referenced map on file In the City Clerk's Office. a reduced copy
of whICh I,; attached to thiS Chapter
Inel 5IV'." r'le area wltl,ln the City limits beginning at the intersection of Highland
i\vel".ii an,j Hlulder Avenue. Highland Avenue west to Victoria Avenue: Victoria
AVencJf' 5(,.;!'; In Baseline Street, Baseline Street east to Boulder Avenue: Boulder
.';'.,e:lc!' liUI' Hlgtlland Avenue. as depicted on the preViously referenced map
"f,le "' Clelks office a reduced copy of which IS attached to thiS Chapter.
::: inCIl.SlVfC u' ttle alea beginning at the intersection of PaCifiC Street and Del Rosa
i\venue POl :f:c Street west to Perrrs Hill Park Road Perris Hill Park Road north to
an IrnaC~lrla',. I 'ie extending north from Perrls Hili Park Road to intersect Highland
Avenu,' H'Clhi.nd .i\venue east to Del Rosa Avenue: Del Rosa Avenue south to
POlc,f" ';':e,, as cjeplcted on the preViously referenced map on file in the City
I,"r"" ft, ,reduced copy Df which IS attached to thiS Chapter
8.60.015 Sale of Fireworks to Minors Prohibited; Identification Required.
1 he sale Df !!Cewen to anyone under the age of 18 IS prohibited A valid form of
Ident,fication is rE".1', red at time of purchase
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS.
8.60.020 License .. Required.
Except as provided Ir this Chapter It IS unlawful for any person. organization, group or
association. ete to ofter for sale or sell at retail any fireworks of any kind in the City without
having first applle,j f:1i and received a license from the City Clerk
8.60.030 License. Application - Public liability insurance.
c\11 apoilcation,. le".j ense to sell fireworks shall
A Be nia::!i" writing and accompanied by the fee set forth In Section 860090 in
addition tc a ,,"refundable fireworks administrative fee of fifty dollars. The fee will
oe use'll'.' ClefrdY the administrative costs of the fireworks program Applications
shall be l'!dJe! IJetween the first day and the last day of March of each year except
when tile iastjay falls on a Saturday, Sunday or legal holiday. the following
tJiJSlne,.'; ::Ii, ',all be determined to be the last day,
B Set rorth the proposed location of the fireworks stand applied for The stands
'lluSt Ill' or; C' !'Jate property located in Commercial General (CG) or Commercial
'''eglondl; II ',eneral Plan Land Use Districts ilnd the written permission of the
')wner I, p " CC' .), lessee must accompany the application
E3e dl., 'i-,r
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JI'led by arl assurance that if the license IS Issued to applicant.
rt the time of receipt of the Ilcerlse deliver to tile City Clerk's office
ne million dollars public liability and property damage Insurance
, l'lrs attached to the policies deSignating the City as an additional
. is Chapter alld a copy of the requisite permit from the State Fire
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nelLJif d. <I at tile applicants 501 (c) i3)(4) (5),(6) (8),( 1 0),(1 9) (20) or 501 (d)
Je' :flcaliC' oj 'iCJnproflt status or demonstrate that It IS a non-profit organization,
yaup dSSUCiJ:,on etc which IS organized primarily for veteran, patriotic, welfare,
.:IVIC 01 SCCid betterment (Including public or private school clubs, groups,
JIClan'ldt. ," ! such other public or private school affiliates), or charrtable
ULrpOSi::'~',
Ail aPP'ied":', shall be reqUired to demonstrate how revenues received would
benefit the CltlzE'ns of San Bernardino by submitting offiCial board minutes detailing
the Intent ane authorization to sell fireworks Such minutes shall detail what sites,
pcpula:IC)I1S '" projects within the City will benefit and for what purposes;
Have ana
a completed flnarlCial statement form that describes anticipated
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS.
revenues expenses and profits Such form will be provided by the City Clerk's
Office to each applicant. The Information contained in this form shall furthermore
detail how nlu,:h money will be provided to the projects mentioned pursuant to
subsection (f_ above No less than ninety percent of the net profits derived from the
sale 0; fireworks in the City by the applicant shall be utilized for the direct
advanc:er'lt:nr :;f the applicant's stated non-profit purposes within the City of San
Bemarc1lf1l' Ii accordance with subsection (E) above
8.60.040 License
Notice of granting or rejection.
/Ippllcants for allY SliCI, license shall be notified by the City Clerk's office by April 15'" of the
granting o! rPlectloe ',! such application for a license No license shall be issued If the
applicant falls tc pr-'/!de all the Information or falls to meet all the criteria specified in
Section 8 60 U3U 0 dllY other provlsiol-' of this Chapter The decIsion of the City Clerk
may be appealed IC n,e Mayor and Common Council under the provisions of Chapter 264
Fhe declslor1 uf Illp ~)ayor and Common CounCil shall be final.
8.60.050 License .. Prerequisites to issuance.
q,P foilo'Nrng quail'" .JrIOIIS must be met by each applicant for a license issued under this
C:haprer
,"~ No !'CerIS" snail be Issued to any applicant except a nonprofit organization.
qlClup aSSIXI-lt'Oll elc organized and operating Within the City limits of San
f3erna l!rll.' '!!lforITllty With Sectlorl 8 60 030 (0) (Ei & iF)
U [ac, SU I' d(Jpllcant must have ItS principal and permanent meeting place In the
C'po:d:e i'f" '" of the City and must have been organized and established in the
',tv's ,'orpolal' IlIlillS for a mllllillum of one year continuously preceding the filing
",f nle appk;atl'ln for the license and must have a bona fide membership of at least
t\i~.iefltv ,nernr.::t
No Jpp !C,W. may receive more than olle license or participate In more than one
flreworf.s c,la I;: during anyone calendar year The maXlmUlll number of licenses
Illat f11c", r", '''.Ied during anyone calendar year shall be 35 All applicants shall
ue leV!,'W8'.1 'I! compllallce wltl'! tillS Chapter All qualified applicants who held a
I!cense CUI r:u ,002 whether as Clnlndlvldual or as part of a JOint venture, shall have
[)forlt'; '0' the dJal!able licenses In 2003. PriOrity Will also be given In 2003 to any
,01111 W!ltlie >','IICll has at least aile qualified applicant who held a license during
2002 'In, !r'Tdlnlng Ilcellses III 2C103, after deducting priority applicants, shall be
determ 'lW' I'. lottery and shall be granted by a drawing supervised by the City
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS.
U One IlcellSc' :llay be Issued to two or more qualified applicants as a Joint venture
provider] that tile application for the Joint venture is submitted prior to the application
cJeadllne Each qualified applicant in a JOint venture which IS granted a license IS
deemed to be a co.llcensee and shall have the same benefits. duties and liabilities
under the I,cense
t Aftc! 2UCi all qualified applicants who tleld a license the Immediate previous
year whetller as an IndiVidual or as part of a JOint venture, shall have priority for the
alallable licenses for the Immediate next year After 2003. priorrty will also be given
to any 10111t venture which has at least one qualified applicant who held a license
(juring the plevlous year. However. after 2003. if the total number of qualified
applicants who were licensees or co licensees from said previous year exceeds 35
licenses because the memberslllp(S) of JOint venture(s) has changed or the Joint
venture ceases to eXIst. then those qualified applicants which were part of such joint
venturel.s! shal' lose their prrorlty and shall be placed In a lottery drawing for any
renlaln"'g available licenses after all other qualified applicants from the immediate
previous year are granted licenses After 2003. If the total number of qualified.
applicants who were licensees or co.licensees from the immediate previous year
Goes no! excee',] 35 licenses. then any remaining licenses shall be determined by
lottery and shal' be granted by a draWing supervised by the City Clerk Any prior
ilcenseEr tne I;; ense of which has been suspended under the prOVisions of Section
F 60 Sllail tJe eligible for a new license only upon satisfying the Fire Chief that
SUitable :l"Ca"C1'~r"lp.l1ts have been made to preclude future Violations
8.60.060 Suspension of license - Appeal procedure.
:!lC . "f' ,.'>crl or hls/hel (Jeslgnee shall be auUlOrlzed to suspend Immediately
dn:: ':0.11' .:U' :1,,::e or formal hearing the license of any licensee which violates any
l,ii;,' re.:uU' :: 'J!' o'dlnance while operating or prepallng to operate a fireworks
srarlcl d' :rrrlq :' ,'mTlediately preceding al,y pellod of sale If the Fire Chief or his/her
cles:gnef? f?star:llshes that a vlolat'on has occurred too late to suspend the license
(ju':ng tne pe, '.,.1 of sale. he/she shall have power to sllspend the licensee from
future licens(,'" and to suspend tfle pllOllty of the licensee. for any such violation
luuncl t, 'ldiP :urred clullng or Illlrlledlately preceding or Immediately following the
author 7'::':] t:-P' ,'j of sale
i', ! lie ,k'C'S. Jf U,e File Chief or his/her deSignee to suspend the license of any
I'CenSe!' Sl'al I.f' subject to review by the Mayor or his/her designee In view of the
i'mlted sales ,:""'Iod each year for suspensions affecting the sale period. such
11ea1iW! :stall Ii' helcj dt the earliest pOSSible time that the licensee. the Mayor or
his/her 'jcS:~!,-C'fC and the representative of the Fire Chief can schedule such
nearing CliVi kd that In every case said healing shall be held within 72 hours of
tilE' FliP'" JeCISIOn For suspensions after the sale period. the hearing shall be
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS.
ne!d Win,lfi cne month after the request for hearing, which request must be made
within t1fteen days after notice of the suspension The Mayor, or his/her designee,
IS authorized to set aside the suspension or to modify the suspension by limiting its
effect to only one or more days, or by setting aside the forfeiture of priority status for
future years P'e decision of the Mayor or his/her designee may be appealed to the
Mayor dnd Common Council under the proviSions of Chapter 2 64 The decision of
the Mavor an(! ;;ollllllon Council shall be final
8.60.070 Operation of temporary fireworks stand.
The licensee entity the person who signs the application for the license, and the
supervIsor or mariaiJer present in charge of each fireworks stand shall comply and ensure
;~ornpilance \N'tr: :111 ;"IT the following
C,. r~o pericr c:rganlzatlon group association, etc other than the licensee entity
',hel:1 hE' al'iNiec! to operate the stand for which the license IS issued or to otherwise
nartlclpdtt ,,- Ue profits of the operation of such stand
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t3 No oerSOf nrganlzatlon group association etc other than the individuals who
are nlellllle'.. of the licensee entity or the spouses or adult children of such
'm"mber5 'iI' l' be allowed to sellar otherWise participate In the sale of fireworks at
suc::r: S,f,,:J .,
!~D. (ir",ie!,' ~tIOr1 shall be paid to any person for selling or otherwise participating
!rl tne 'oJ ,., 'ireworks at suerl stand
[) ~;G (ie' ,if dider eighteen years of age shall l)e perlllltted In the stand and
slqnage Shal Dr: prominently displayed Irl/on the stands stating that no person under
c'!C].ntCinl"il',.f age shali be permitted In the stand
L Nc ,)e: sc
'lail consume alcoholic beverages within twenty-five feet of any
starlcj
"..I' ,'r]lE 'Cie' ,:y contact telephone number shall be posted all the exterior and
Tlteno:' surta::'es of ail eXit doors
'J All :eta i SJ'es of safe dnd sane fireworks shall be permitted only from within a
temporary f:re'Norks stand. alld sales frolll any other building or structure IS hereby
PfC)hibltec
H No t;rewo,~s stand shall be located within twenty-five feet of any other building
rlor Witt,W: (\'1(" c,ulldred feet of any gasoline pump
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS.
I Fireworks sidnds need not comply with the provisions of the building code of the
City provided trlat all stands shall be erected under the supervision of the Director
of the Departcnent of Development Services or his/her designee, who shall require
that stands be constructed In a manner that will reasonably ensure the safety of
attendants and patrons In addition, each stand and Its location shall be inspected
and approvec hy the Fire Marshall prior to commencing storage or sales offireworks
there!';
J No stallel slla!1 have a floor area In excess of three hundred square feet
K EacI stan'] iii excess of twenty-four feet In length must have at least two exits,
and each stand In excess of forty feet In length must have at least three exits
spaced aporoxlrnately eqUidistant apart prOVided, however, that in no case shall the
distance [Jekieen eXits exceed twenty-four feet
f'ali' sta ,! shil!l be provided With two 2 gallon water pressure type fire
extlngU!SllerS :mderwrlter approved In good workrng order and eaSily access!l:t~
for use In case of fire, at all times durrng the storage/sales of ffreworks -";,
M All weeds cHid combustible material shall be cleared from the location of the
stand "'ClvJI'lCj a distance of at least twenty feet surrounding the stand
,~No ",Il'Dk It signs shall be prominently displayed on the fireworks stand, and
ro snn!< s! ,II be permitted within twenty,flve feet of any fireworks stand
,) Ea j' ',;td! Shdll have a person present and deSignated as supervisor or
l'lanae!", :ilarge thereof at all times while fireworks are stored or sold therein
~Ieepl"] ! ""'!aln!ng In the stand after close of bUSiness each day IS forbidden
c' the ..,a:e u' !"eworks shall not begin before twelve noon on the 28th day of June
arid s!!dl:!Ut ntlnue after midnight on the 4th day of July
() Eaen ','ann shall post for publiC viewing a copy of the map identified in Section
860 (;1:: lco=atlon of Sales and Discharge of Fireworks) and shall also provide a
~'opy at tillS !:lap to each purchaser of fireworks The costs of copying such maps
shall tJE:' tv-',rt~,.c-" ;."1/ the licensee
R ';11 UllSC;lC s:ock and accompanYing litter shall be removed from the location by
five pi" (1" tn, 5th day of July
S The flrewm~s stand shall be removed from the temporary location by twelve noon
on the1S!!1 day of July and all accompanYing litter shall be cleared from the location
by said time awj date
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS.
8.60.080 Requirements for Fireworks Supplier.
Prior to the Issuance of a Iloense, each applicant shall file with the City Clerk a oash
deposit certificate of depOSit or a surety bond posted by the fireworks supplier and made
payable to the City In the amount of three hundred dollars ($30000) to ensure compliance
with the provIsions of this Chapter Such deposit or certificate shall be refundable upon
compliance with tile pcovlslons and requirements of this Chapter, including but not limited
to the removal 01 th,,' stand and the cleaning of the site In the event the fireworks supplier
joes not so complv to remove the stand or clean the site in the manner required by the
Director of the Development Services Department, the City may do so, or cause the same
to be done by other persons and the reasonable cost thereof shall be a charge against the
fiCeworks SUpplier ,we! Ills/her surety and the depOSit certificate or bond
8.60.090 License tax
;\S set by (Jrdlnan,~T 1,0 2884, the license tax for the selling of fireworks within the City
shall be two ilundrerj dollars per year per stand which fee must be paid'at the time
application for a stane! IS filed with the City Clerk's office
8.60.100 Temporary sales tax permit required.
i\ppllcants I,Clc:1See] ie" the selling of tlleworks are reqUired to obtalll a temporary sales tax
oermil horT1 thl' :',t;"" Hoarrj of Equalization
8,60.110 Display of license and sales tax permit.
. 'Ie license to 'l,,, Ii c:lo:'ks and tempora:y sales tax permit shall be displayed in a
UiCliYllrh.'nt pla,-," Of' i >, fireworks stand
8.60.120 PermiSSible locations for discharge.
rfie use of flle,\,yKO. ii tile City shall be limited to pllvate property except as otherwise
prOVided In this 'Icapte! No fireworks shall be discharged on publiC or private unpaved
opel1 areas su,!', dS vdCallllots or fields or III a publiC street or right-of-way, or Irl public
carks except whe'" speCifically permitted for publiC display, and except those areas
approvecJ hy F>: nlef
860,130 Prohibitions on sale and discharge.
A It IS 'Jiiia't,r'l tal any person organization, group, aSSOCiation, etc, to sell any
fllework:3 excep' during the time period between twelve noon on the 28" day of June
to nllldf'Iq!lt e'i' rile 4" day of July
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS.
B It IS unlaW!,1 for any person organization group, aSSociation, etc, to sell any
fireworks at a!1V time In any of the areas described in Section 8.60.010.
C It is llnl,w,'u for any person organization group. aSSociation, etc. to ignite,
explode prowc, or otherwise file or use, any fireworks, or permit the Ignition,
explosion 0' prolectlon thereof, except during the time period between twelve noon
0" the ;)8' da" 'If June to midnight on the 4') day of July
[) It IS ,;niawlli for any person, organization, group. association, etc. to ignite,
explode proiect or otherwise fire or use any fireworks, or permit the ignition,
explOSion 01 projection thereof, In any of the areas described in Section 8.60.010,
or upon or over Or onto the property of another without his/her consent, or to ignite,
explode prOject or otherwise fire or make use of any fireworks within ten feet of any
reslderlt Owt,II!",; or other structure used as a place of habitation by human beings.
8.60.140 Reference to determination of safe and sane fireworks.
i,;eference IS made te) provISions of Sectloll 12500 et seq of the Health and Safety Code,.
wrdch prohibit and regulate fireworks not defined as safe and sane
8.60.150 Violation Penalty.
"ny [hers'x rganlzatlon group, aSSOCiation etc. Violating any provISion of this
lldpte! is QU It, of all Infraction for the fllst offense, which upon conviction thereof
'l'unIS ;Jt,le' ! accoldance With the provISions of Section 1 12 010 of thiS Code
" !\ny !'d"!;e~ ierlt Violation of thiS Dlapler by that same person or entity Within a
tnree y,'ar "" , ,d IS gUilty of a misdemeanor, which upon conviction thereof is
PUI"SiuI'" I, " cordallce \^llth the PlOvlslons of Section 1 12010 of thiS Code.
8.60.160 FinanCial Reporting
~JO rater than i"lICjUS' 31" of each year (or the next worklilg day If August 31 falls on a
Saturday Sundavor legal holiday) each licensee operatinCj a stand or participating in a
IDlllt vellture siuI! SliD'111t to tile City Clerk a financial summary of the total sales from
fileviO'ks on I'w 'lIlanClal summary form provided by the City Clerk's
'.1fflce Hle f!nanc!al :3c,cTlmary shall have a summary of actual expenses, revenues, and
profit for tilat yea' all:: shall have receipts attached for all expenses for each stand as well
as anv Incentive payrnents gifts or other finanCial consideration provided to members of
tile licensee o! Its vo,unteers Licensees failing to comply With the afore-mentioned
flilanclai summary deadline of August 31" shall be ineligible to receive a license forthe sale
of fireworKS the fn'!lNwlg vear either as an indivlduai licensee or as a member of a JOint
venture
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.60
OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS.
! HEREBv CERTIFY that the foregoing Ordinance was duly adopted by the Mayor
and Common COlin :11 of fhe City of San Bernardino at a _______ meeting thereof,
held on the
da\i )f
, 2003, by the following vote. to wit
COUNCIL MEMBERS:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
lONGVI Ll_,
MCC;INNIS
lJERP,
SUAREl
.;NLJlRsm:
i~)C M,~.,i ;.<.
City Clerk
The
',: Urdlnance IS hereby approved thiS _
day of
2003
JUDITH VALLES, Mayor
City of San Bernardino
Approved as to !or"
and legal copter"
JAMES F F'E~jM/\'.,
City Attorney
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CHAPTER 8.60
FIREWORKS
Sections:
8.60.010 Location of Sales and Discharge of Fireworks.
8.60.015 Sale of Fireworks to Minors Prohibited;
Identification Required.
8.60.020 License - Required.
8.60.030 License - Application - Public liability insurance.
8.60.040 License - Notice of granting or rejection.
8.60.050 License - Prerequisites to issuance.
&.UG~ 8.60.060 Suspension of license - Appeal procedure.
tH}{};{lW Operation of stttn&. 8.60.070 Operation of temporary fireworks stand.
tH}{}.070 Temporary fire.,'orks stands.
8.60.080 General requirements for licensees, Requirements for Fireworks
Supplier.
8.60.090 License tax.
8.60.100 Temporary sales tax permit required.
8.60.110 Display of license and sales tax permit.
8.60.120 Permissible locations for discharge.
8.60.130 Prohibitions on sale or discharge.
8.60.140 Reference to determination of safe and sane fireworks.
8.60.150 Violation - Penalty.
8.60.160 FinanCial Reporting.
Strike-out - Deletions
Grey-Shaded Area - Additions
8.60.010 Location of Sales and Discharge of Fireworks.
Safo am! sam, fireworks as defined by Section 12529 of the Health and Safety Code
oj the state may Lie sold and discharged within the City subject to the requirem~nt$pf
this Chapter .?xcept that such t:!Se-{}f sale or discharge shall not be allowed ift-tfte
Hazardou8 rlfe--Area 1l8^tlefiftetHfT Section 1&-1 G.11 S of thi8 Code, in the .fOIl9WI{lg
designated areas. Sucb.~reas-are depict~d on a map entitled "Location of Sc:l\a~ ifid
Discharge of Fireworks. onllle Inthe City Clerk's Office and incorporated herein by
reference. Suchareas are designated as follows:
A. ThClt a,rfla, witHin th~9ity lying north of a line extending from the west City
limits at Klghland Avenue to the east City limits and bounded on the south side
by streets and highways as follows:
Commencing from the west City limits at the centerline of Highland Avenue
thence easterly to the intersection of Highland Avenue and the 210/30 Freeway;
thence ea~terly following the 210/30 Freeway to the interchange of Highway
330; thence north-e~terly following Highway 330 to the intersection of HigtAAnd
Avenue ~st Of. .BOUltler;thence . eaSlerlYfrOffi...thejnt.arseCli.on. Of...Hi9hla~~ve.
:~~t~~:f~y3;1~~~.t~~ni~;r;i~(~~~I~~~;n~~t~:n:1u~.~~~
prolongation t61tleinlersec!ion ofth~southerly'pro(ongation of ttle:'most
111'. ,:f':n..'(l!U,';iI ,j"
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easterly border-Ime of the LilY of San Bernardino as depicted on the previously
referenced map on file in the City Clerk, a reduced copy of which is attached to
this Chapter.
B. That area within the City, whether contiguous or not, which lies north or
northwest of a line from the west City limits at Highland Avenue, in a westerly
direction on Highland AvenUe to the .210 Freew~y.andthen west on the 210
Freeway to the 1-15 Freeway. That area withinlhe City, whether contiguous or
not, which lies north or northeast of the intersection of the 1-15 Freeway and the
215 Freeway, as depicted on the previously referenced map on file in the City
Clerk's Office. a reduced copy of which is attached to this Chapter.
C. Inclu~h(~ of!~e~re(l.wit~iIl the C~y lirl1~~b~QjPI1!ngC!.tme int~f~ioJ10f
Higl)l<lnd Avenu~,~~ ijolildl'r;Av~l1qe; !1igWaoli ,Av,~n!,(a 'W~$t~"~ria
Avenue; ViCtoria Avenue south tof3i'i~!)line Stil:ilit'eise1ine&tr~teiist 10
Boulder Avenue; 89,ulder Avenue north to Highland Avenue, as depleted on the
previously referenced map on file in the City Clerk's Office, a reduced copy of
which is attached to this Chapter.
Ill... _ ~.. .h" _,._". ,....;b1
~osa-'A~nue 'S()~lQ:' .....aClfic{Stre$i;'ca:~.~ep(c 9Q;'Qrj'lne. pt~vipu.~lyt~~l'~l1ced
map on file in the City Clerk's bffice, a rE'lduced c6pyof which isattaclii'Jdfo this
Chapter.
-:"il r,.1,:_>Hi;)2 ~,-1d'_<,:, 11 1-82, Orc~ ;'>'',1 ~i, < ~1')8,
8.60.015 Sale of Fireworks to MIJlors Prohibited; Identification Required.
Tile sale of h:ewurks to anyone mder the age of 18 IS prohibited A valid form of
IcJentif!c;atiun 1:-; rt;~':'1ulred at time o~ .1ilrchasc. IOrti r.JlC-1 022,5-18-98)
8.60.020 license - Required.
Except as provlcle! j :n thiS Chapt(-' It IS unlawful for any person, organization, group or
association, etc. te offer for sale Dr sell at retail any fireworks of any kind in the City
W:ttlOut having f:r';1 applied for am! received a license from the City Clerk. (Ord MC-460.
r,' ',8:~ Ore: :_:BP.l~( 19b8 \
8.60.030 license - Application - Public liability insurance.
All apollcanorls a license to sp11 fireworks shall:
A Be mak In writing and accompanied by a--fee to be 3et by rC3olution; the fee
ts-noHofihe-1Jtifp03e of re,em:Je-but "ill defray the cost of a fire department
~!t0ft the fee set forth in Section ~.60.090Jrl.additiooto a non-refundabla
fireworks administrative fee of fifty dollars. Thelaewill be used to defray th!)
administrative costs of the fireworks program. Applications shall &-Be be made
~ i !, I , ' '.:
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De .,', Hie :,rst day and the last day of March of each year exec.Jt wherl the
las' la. talli, on a Saturday or Sunday, or legal holiday, the followiig business
dav.;hall 11", cletermined to be the last day;
C do: !i,n'. the proposed location of the fireworks stand appled fo' The
SF,. !~ nus: be on private property located in Commercial Genual (C(;) or
enc'rclal Regional (CR) General Plan Land Use Districts and the written
perr"'S<ilYl of the owner of record or lessee must accompany the a:'plication;
& C B.' "Iccompanied by an assurance that if the license is issued '0 applicant,
app cant shi'lli at the time of receipt of the license, deliver to the City Clerk's
off!! " one httndred thou38ooithree hundred thoU3E\nd dollE\r3 publiC LE\bilit'y E\nd
Itfty t'uu3E\nd dollE\r3 a minimum of one-million dollars public I(~~>~
property damage insurance policies with riders attached to the policies
deSignating the City as an additional insured under this Chapter, and a copy of
thEequlslte permit from the State Fire Marshal.
iOr(j 288.1 ~:i68
D.lnClude a copy of Jh~applicant'sS01 (0)(3),(4),(5),(6),(8),(1 O),(1~l,~.~
5Q1{qj<wmfica.'P!'flOnprofit stattis,ori'Iemonstrt,ite:that ilis.:I1 . .. ..
orgar1i~~rt gQ:i~p, assoct~j9tl. ~t~:;Whichj~<l,ts~ni~E39primariJY~.'
patriotiC, welfare, :CiIticor soci<lll bE!ttefment (jnGludingptll~licor Ii' .... .'. ..
clubs, groups, organizations or such other public or private school a~k'bt
charitable purposes.
E All applicants shall be required to demonstrate how revenues received would
benefit the citizens of San Bernardino by submitting official boar~ f,Oln~~
detailing the intent and authorization to sell fireworks. Such minutes sh.alrd~tan
what sites, populations, or projects within the City will benefit and for What
purposes;
F. Have attached a compieted financial statement form thatEt~~!rms
anticipated revenues, expenses, and profits. Such form Will be proyl4~YI~
City Clerk's Office to each applicant. The information contained !i:f&~
shaH. furthermoreqetail how much money will be provided to t~~s
mentioned pursuant to subsection (E) above. No less than ninety per~Il(~f#1~
net profits derived from the sale of fireworks in the City by the applicant snaU\be
utilized for the direct advancement of the applicant's stated non-profit purpoSes
within the City of San Bernardino in accordance with subsection (E) above.
8.60.040 Licenses - Notice of granting or rejection.
Applicants for ;w-, such license shall be notified by the City Clerk's office by April 15'h
of H18 gral;tlny or rejection of such application for a license. No license will be issued
if Hle applicant falls to provide all the information specified in Section 8.60.030, or any
other provision of thiS Chapter. The decision of the City Clerk may be appealed to the
!If-',: f;:'\\I'i~!:;d
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Mayor and Common Council under the provisions of Chapter 2.64. The decision of
the Mayor and Con:lInon COIJl1cil ~ha)lbe final. (Ord. 2884 94, 1968)
8.60.050 License - Prerequisites to issuance.
r !le fol'uwlng qua11!icatio"s must be met by each dpplicant for a license Issued under
ihlS Ch,:1pter
;1 No license shall be issued to any peffloo, firm, or corporation applicant
t'xcept a nonprofit organization. group, association;r-m- corporations, etc.,
urganlzed and operatinQWlttlln the City limits of San Bernardino in conformity
with Section 8.60.030{D"), (E)&(F). pfimafityffif-veterEln.-patriotic, "elfElre, civic
t'ettermerrt f)f charitElble purpose3
H Eaell suell ffltj8ftiz'atioo applicant must have its principal and permanent
11eetlng place in the corporate limits of the City and must have been organized
nd established In the City's corporate limits for a minimum of one year
ontlnuously preceding the filing of the application for the license, and must
t'ave a hona fide membership of at least twenty members.
::: No orgElnlzEltion applicant may receive more than one license or participate
inlTlom.than,or~ ALr~\'lW~ .~..t~.l1,d,.f?. r fir.evvo.rkS. .S.....Elle d.Uring an.y. on.e .C...~..le~d,~r
year. .,: . - . .t;QJ;'n~I1$ft$ tMatm~y.belssued during Jt\V'i.
oal~~ y~~~. '._ .... )1'it"j'P~lfcin(s sMllbe reviewed for comp~~~i'~
thi$Cl!iilpfer.Mqi.(allli~appl~n}S who held a license during 2002wh~~~
an ind$dual Or ~s'tlait(i)f aloint Venture, sheill h.ave priority for th:ea\t~i~Je
licenSeS in 2003. flooiity will also be given in 2003 to any joint venturewljiqh
has at least one qualified applicant who held a license during 2002. . Any
remaining licenses in 2003, after deducting priority applicants, shall be
determined by lottery and shall be granted by a drawing supervised by the City
Clerk
D. OrHe 'ICf,nse may be issued to two or more quallfytng qualified applicants as a
Joint venture providedthlit the application for tMejoint venture is submitt~prlor
to theapplicati(!l'l~eaQlinE).EacMqualifiad appl\cant in a joint venture~h 1s
grante(:\e.:Ii~rtfl~:I$'Q~~frned t6'be~aco-licensee and shall havethe'$a.me
benefitS, duties arid liabilities under the license.
E. After 2003, all qualified applicants who held a license the immediate previous
year, whether as an individual or as part of a joint venture, shall have priority for
the available licenses for the immediate next year. After 2003, priority will atso
be given to any joint venture which has at least one qualified applicant whohejd
a license during the prey!pus year. However, after 2003, if the total nurnber of
qualified applicants who were licensees or co-licensees from said previous year
exceeds 35 licenses because tMe membership(s) of joint venture(s) has
changed or the joint venture ceases to exist, then those qualified applicants
which were part of such joint venture(s) shall lose their priority and shall be
fli,'..'!:l,J,"Hlf'-'I" ,j.,; --1.
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placed in a lottery drawing for any rel7laifling avail!'iPle Ii~ns~~~ftf:}r .all other
u~la' .... tsJro '., N,' '.. '.' ....... 'Fi: . ." . '1;' ,'~'. ""8."f'W"''''';;es..
qr;>1\d~ _ .....!ll;J"f!1' , .j?Sl...Jl_ ,.~~~
-"","""","""""., ",,", '';~
nc....""';;:.lti~". .",,~<,} , '<16!i'rifcie . .~'if' "'th' Ii
.':'t~... ~,'" itTi!1:J't,~:Ea ....,'~..............,.... as, e
aQ,ym ' r"~;; . "'Ine(:lby lo~Jf~rujsnaflbeg~i1ntEld by a
d{aWiil9'~~M~1DJ11h~lQiw{Clifl<: 4"f'e maximum number of licenses whiet\
"lay be issued pursuant to this Chapter',Juring an1 one clllendtu year shu}1'1Of
"xceed on,,'liceme for eElclT-tetif'~I'lfl11-resit!ents of the City, or fractioo
'hereof, baled-ett the latest Depnflmeftl ef-f=ml'!f1ee;-5tata of California cenStlS
~gtimate. .1' 'he'f\tJmber of applicE\ttef\s.exeeetHt'te numt~' licenses tn-tJe
~sued.H'\ei!,.,ensees dlfftftt'jihe r,reCedl~M'~flave firstpootityfo~tfte
1,allElble Ilc't"ft~. A licenseeshtt1-retat.j its-trrionty-twm -yeM'w-yetl:f"'t)f).y ~
.Jft9'tlS-ti'tt> . !teeftSee'-eentimles te-repft'seftt e a c h and tl H-oHhe-partieipffitft9
;rganlzatiOfTSwftteft operated i:lwteriftet,eettSe' during fhepreceding year. E-aeh
!'lftf\1etpating organization shall hefieeme:+te-l'Je a co liceFlsee and joint ,enturer
with- the IleertSee' claiming iirstpfiofity. 'tfltt~hall have the san ,e duties' BOO
.abllities'1:1ft(ferlfte-tieeftse:,AftI/ change 'n-erganlzations withit'l the joint venture
'\ftatf, constltute-t!' change -efttiSttlg-thatjoint ',cnture-..m-1ese-Hs-'j'}fiority fHhere
nre flny Elddltional licenses available Bfter 1Jf1ont'y organizations +tave-tJeeft
,"onslderedStJelT tldditional-+ieenses--shett be grElnted by a dra",ing supervfSefl
tty-me-B-ity-c-'tefk-;'Any prior licensee, the license of which rlas been suspended
cinder the provisions of Sl;lction 8.GO.05S 060, sftatH~e-itS'f}fitmty~ shall be
i?liglble fo: i1 new license only upon satisfying the Fire Chief that suitable
mangemc!!ts have been mad!.! to preciude future violatlons.,+t-{he fire 'C-hieI
,~ilt~~fttisjaction ,~. tieef1See'~!11'l11 bC1Jeffflit1ett-lo competewitlTotftet
lid d I t I 0 1'Ift! "lPfJtieants-lOf''Such "lctdtltOfffi! I1eense5<'le-fflfty-be- E\ , tl i I a b let hfOtt9h
!he'ttffiw1ft'i
r,1;) 1 ~~ l' 1
'Ire 3?](), '9/~~ Or: :~.s,1 t,,:.;, 1~_-;i;,8~!
8,60.055060 Suspension of license Appeal procedure,
4 The F',,!.! Chief or his/her designee shall be authonzed to suspend
rmnediatei', ami without notice or formal heanng the license of any licensee
whlcr, vlolatus any rule, regulation or orrJinance while operating or preparing to
')perate a 'r'(!works stand dunng or immediately preceding any period of sale. If
the Fe'le Chief or his/her designee establishes that a violation has occurred too
late to suspend the license during the period of sale, he/she shall have power to
suspend licensee from future licenses, and to suspend the priority of the
'icellsee L any such violation found to have occurred during or immediately
preu:cj,FI\] ,Y immediately following the authonzed penod of sale.
B. Tire deCISion of the Fire Chief or his/her deSignee to suspend the license of
any licensee shall be subject to review by the City Adm;ftistfaffif Mayor or
his/her designee. -fortfiwtfh. In view of the limited sales period each year, for
suspensions affecting the sale period, such hearing shall be held at the earliest
possll)le tlllle that the licensee, Gity--Atlmtfttstrator the Mayor or his/her
deSignee and tho representative of the Fire Chief CAn schedule a meeting for
HL'c:i fIJl'Wl1!~L\l;1 ,j,,< )
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Stleft re,!e',~ such floaring, provided that in every case, said hearing shall be
held within 72 hours of the Fire Chief's decision. For suspensions after 'he sale
period. the heannc) shall be held within one month after the request for hearing
which request mud be made within fifteen days after notice of the susi'onsioll
The 6ttyAeffltfltstr>wlj' Mayor, ,)r his/her designee, is authorized to set e .!de thE
suspension or Ie ,,,odify the suspension by limiting its effect to only one or
more days or by .",lting a.;ide the forieiture of priority status for tutUrE' years.
The deCISion of the GityAdministftlter Mayor or his/her designee ~Hube finll.l
may be tffi~';;ppealei' to the Mayor and Common Council under the
provisions 07 Chi1;,'er 2(3,1 The decision of the Mayor and Common Council
shall be finaL
f(;rc MC-219 11 ~ d:
8.60.660 070 Operation of temporary fireworks stand.
The licensee entity, the person who signs the application for the license, and
the supervisor or manager present in charge of each fireworks stand shall comply and
ensure compliance with all of the following:
A. It~"tJnlll.dtuj for the licen~ee organization to permit any No person,
orgallization, group, associatjon, etc. other than the licensee orgElf1lzation entity
shall be allowed to operate the stand for which the license IS issued or to
otherwise participate in the profits of the operation of such stand.
B !ttstlrnawlttl for the licensee organization to permit any No person,
organization, group, association, etc. other than the individuals who are
members of the licensee ergll.nizEltitlr1 entity, or the spouses or adult children of
such rneml,clrs, shall be allowed to sell or otherwise participate in the sale of
flfework" c1' ';uc!! stand.
C It~ ttftill.,vfttj-ief-ffie-1tt:ensu: organization to pay--trn't No conSideration shall
be pal(j 'c anv person for selling or otherwise participating in the sale of
tireIVorks 111 SUCr] stand.
D. No person under eighteen years ,of qgeshgll !le, permitted in the stand and
signage shall beprorilinently di$pla,Yf;id iOlqn the stands stating that no
person under eighteen years of age shall be permitted in the stand.
E No person shall consume alcoholic beverages within twenty-five feet of any
stand
F. An emergency contact telephone number shall be posted on the exterior and
interior suriaces of all exit doors.
MC-,1GO. " 11 8,,-'rcl 288496, 1968 )
8cW.-o-70 Temporary fireworks stand~
Hi
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, :, "'Ial! ;,,1\,5 of safe and sane fireworks shall be per' 'led on'y from within
, lei' _,uracy f,reworks stand, and sales from any other biding 01 structure IS
!!ere!,' prohibited Teff,pOral"y stands shall be SUbl' ,+-ID--1he follo"ing
fH'ffl' ...to+'t~'
1\ H '-Ie fi!m'Jurks stand shall be located within twenty-' c feet of any other
'Juile!1 I() no' within one hundred feet of any gasoline pump
B I f reworks stands need not comply with the provisiow, of the building code
Jf th-! City provided, howe,er, that all stands shall be erected under the
sUPP liS Ion of the Director of the Department of Development Services or
hls/hm (jf;ftef designee, who shall require that stands be constructed in a
ITlanrier that will reasonably insure the safety of attendants and patrons, In
addition, each stand and its location shall be im,pected and apprQved by the
Fire Marshall prior to commenCing storage or sales of fireworks therem.
C J 'I, std'''! sllall have a floor area in excess of three hUI1CJred square feet
G K !Cad' slanet In excess of twenty-four feet In length must have at least two
eXit,. and each stand In excess of forty feet in length must have at least three
exits spaced approximately equidistant apart; provided, however, that in no
easp shall the distance between exits exceed twenty-four feet
E L leael! stand shall be provided with two 2Y2 gallon water pressure type fire
extinuulshers underwriter approved, In good working order and easily
accessiblp fer usp in case of fire, at all times during the storage/sales of
fireworks.
'(~ t\1( -1027 f) 59p
:2BS.t tJ, 1968 )
8 :60 .000Generttlrequirements-for I ice nsees:
A M "'II wl,cds and combustible matarlal shall be cleared from the location of
!r1(, ';I,Wj "'!lJctll!~l a dlstilnce of at least twenty feet surrounding the stand.
B N 'NiJ Smoking" signs shall be prominently displayed on the fireworks stand,
and no smoking shall be permitted within twenty-five feet of any fireworks stand.
E: 0 EaC" stand fl'ttl3t shall have a person present and designated as
supervisor or manager 81T-aelttIi-ift-attemtance and in charge thereof at all times
while' flrev\olks are stored or sold therein. Sleeping or remaining in the stand
ilft(ef ck,sc !)! !JUSlness each day is forbidden,
G P The sa:e or discharge of fireworks shall not begin before twelve noon on
Ihe ~)8th da) 01 June and shall not continue after tV\el,e noon midnight on the
5'" -flay 4th day of July.
Q. Each stand shall post for public viewing, a copy of the map identified in
Ill, I i "'I'"
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SElcti()o8'90.Q19(Lo~tion of Salf}s,and Discharge of Fireworks) and, Sh<ill>~~
pr~vm$lt:~gpY1~is !m~p"tp,~.pb putCbaser of fireworks. The costs of cO\:lyiQg
suel:f'I'M'ff~\~~~rhl:IW;tli1~1lBeYll;ee.
[' R
dil,;jid stock and a
pm on the 5th Gl
'!iJilnYlm; Utter shall be removed from the
,Iuly,
:(lcatJUr'
"s n flrE'works stand sha;1 L', removed from the temporary location by
'welve r 1n en the 15th +8'" eii!y elf .July, ar,d all accompanying litter shall be
::Iear'~ci 'Tn 'he location by said II"!(' and dat'",
8,60.080 ReqUirements for Firewo'rks Supplier.
GPnor t ' 'ne I"suance of a licerhc each applicant shall file with the City Clerk a
cash del,oslt certificate of depOSit or a surety bond posted ,by;#~'tit~"
@f>p~Elr:agd ,made payable to tlli' City in the amount of Ofte three hundred
dollars ($300.00) to E1~~ure e,nsure compliance with the provisions of this
Chapter Such deposit or certificate shall be refundable upon compliance with
the prov,,;;ons and requirements of this Chapter, including but not limited to the
removal :Jf trle stand and the cleaning of the site. In the event the licen~ee
fireworks supplier does not so ccmply ef to remove the stand or clean the site,
In the manner required by tilE! Director of the Development Services
Departmp!.t, the City may do so or cause the same to be done by other
persons and the reasonable cosl thereof shall be a charge against the licen~ee
fireworks supplier and his/her surety and the depOSit, certificale or bond.
,;CJr-U ~,,'lC 1C:27, ~ 8~l::'; Ch'j ?f384 S?8, 1968.'1
8.60.090 License tax
ThelteeflSe~iefihe3elling of firc,",orks-wtlhiftihe City ~hEltt-be-ftS~l by re~olution, As
set by Ordinance No. 2884, the license tax for the selling of fireworks within the City stmll
he two hundred dollars per year per stand which fee must be paid at the time application
'or a sland IS filed With the City Clerk's office. (Ord 288489, 1968)
8.60.100 Temporary sales tax permit required.
E)rgElnlzatloml Applicants licensed for tr,e selling of fireworks are required to obtain a
temporary sales tax permit from the State Board of Equalization. (Ord. 2884910, 1968.)
8.60.110 Display of license and sales tax permit.
The license to se!1 fireworks and temporary sales tax permit shall be displayed in a
prominent place !n tt'w I!reworks stand (Clro 2884911, 1968)
8.60,120 Permissible locations for discharge.
A: The use of fireworks in the City shall be limited to private property except as otherwise
prOVided In thiS Chapter. No fireworks shall be discharged on public,3emipublic or
private unpaved open areas such as parking lot3, vacant lots or fields, propertie3 or in
a public street or rlqht-of-way. or in public parks except when specifically permitted for
HI. ];1:".';)11.1':"; ,I"
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public dlsp,ay anl! ()xcept tr1l,se are,I', approveej by the Fire Chief engineer orifF "1ft;
gej'ltl:fimen!
& ~~o firer,orls shall be gold -fY dischllfgett-ifTihe-Httt'llrdous fire Area 113 def~'f'tt-tft
Section 1 ~,. t&+1-5ct mi3"Beee
'lrd. Me 966. 4 ",.9';:),'1 MC-965," 1-96, Oi:: MC-788, 6391; Out MC-785, 5-20-9'
8.60.130 Prohibitions of on sale and discharge.
A, It is unlawful for any person, organization, group, association, etc., to sell any fireworks
except during the time period between twelve noon on the 28th day of June to midnight
on the 4lt1 day of July,
B, It IS unlawful for any person, organization, group, association, etc, to sell any fireworks
at any time in any of the areas described in Section 8.60.010. to ignite, explode;
project, or other.,lse fire or use, any fireworks, or permit the ignition, explosion or
projection -therecti1f'JOft or over or onto the property of another 'without hig conge nt, or
~le;-expteele-project, or otftetwise fire or make use of any fireworks ,,-ithin ten feet
of-8t\)'"-resttiffit .jwelling or other -structure used as a place of habitation by human
hetflg3:
C It is unlawful for any person, organization, group, association, etc" to ignite, explode,
project, or otherwise fire or use, any fireworks, or permit the ignition, explosion or
projection thereof, except during the time period between twelve noon on the 28th day
of June to midnight on the 4lt1 day of July,
D, It is unlawful for any person, organization, group, association, etc" to ignite, explode,
project, or otherwise fire or use, any fireworks, or permit the ignition, explosion or
projection thereof, in any of the areas described in Section 8.60.010, or upon or over
or onto the property of another without his/her consent, or to ignite, explode, project, or
otherwise fire or make use of any fireworks within ten feet of any resident dwelling or
other structure used as a place of habitation by human beings,
rUrd 2884 ,~13. '968
8,60.140 Reference to determination of safe and sane fireworks,
Reference IS made to provisions of Section 12500 et seq. of the Health and Safety Code,
which prohibit and r(eDulate fireworks not defined as safe and sane, (Ord 2884914 1968.)
8.60.150 Violation - Penalty.
fl Any person, organization, group, association, etc" violating any provision of this
Chapter IS guilty 0: an infraction for the first offense, which upon conviction thereof is
punishable 'n accordance with the provisions of Section 1.12010 of this Code.
B. Any subsequent Violation of this Chapter by that same person or entity Within a three
year period IS guilty of a misdemeanor, which upon conviction thereof is punishable in
accordance With the provisions of Section 1,12,010 of this Code,
(Orel MC1073, 50100 Urel. MC1022, 5-18-98; Orel. MC-460, 5-13-85: Orel. 2884 915, 1968)
HU,'jiF'fCO'AlJrkft'IH d,\<.
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8.60.160 Financial Reporting
No later than August 31'" of each year (or the next working day if August 31 falls on a
Saturday, Sundllyor legQlil1ollga;,),eachdic~J1seS9P~rCltil"\g a. stand or particjpa1ing in
a joint venture shall suomit to the CitY Clerk a financial summary of the t01al sales
from fireworks on the financial summary form provided by the City Clerk's Office. The
financial summary shall have a summary of actual sxpanses, revenues, and profit f{lr
that year and shall have receipts attaChed for all,\:lxperi$9s for each stand all .~ as
any incentive payments, gifts, or other financial consideration provided to melnbers of
the licensee or its volunteers, Licensees failing to comply with the afore-mentioned
financial summary deadline of August 3151 shall be ineligible to receive a ticense for the
sale of fireworks thE> following year eith", as an individual licensee or as a member of a
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1'1.1 \SI. IlIS( \IW IIIE I'RF\IO[ S COPY 01 ORIlI'i \'\CE \IC~I US .\'\11
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Three Fire\lorks Amendments
(same as last time)
:S!1J!~~ction_8.60.010 regarding Location of Sales (in 2003
unhl c4dci: "Those licensees Ilho operated a fireworks stand
ilt il location that has been excluded from the ne\\~ sales and
cl1schclrge area \I'ill be granted thc right to remain at that
IULClljOll for one additional year if they arc unable to secure a
m'll lucation II'ithin thc designated area."
Subsectio!l___J!.6Q,030 ~ction E regarding License
'\pplic'Cllioll 8eplClce cx:istinq ICU1C/uClqe with "All applicants
sh:11I iJe required to demonstrate hO\I' revenues received
\\.uuir! benefit the citlzens of San Bernardino, or would
1'IC>rlLllgate information that enhances the favorable
!(TlILil]On of the Citv or its citizens, by submitting official
Ll():l]'d ml11utes detailing the intent and authorization to sell
flrC\\o]'ks, Such minutes shall detail \I~hat sites, populations,
"i pr"'ltCls will benefit the City, and for \I~hat purposes"
:" :S,\1_IJ~~~_ctioll_ 8.60.030 Section F. Repluce existing..1C1nquuqe
'I '1r"'llave attached a declaration that describes the
J!t:tif'j ted tT\CnUeS, expenses, and profits. Such form will be
prl!\ldi by the City Clerk's Office to each applicant. The
1111111'1'1clllon contained in this form shall furthermore detail
hi\.\ I :,ch moncy or in kind services will be provided to the
1'1'1'1,'(1:; mentioned pursuant to subsection (E) above. No less
th;,l percent of the net profits denved from the sale of
!ll't'\\"I'iS il1 the City b\' the applicant shall be used for the
ciln';,: "ch'ancement of the applicant's non~profit purposes or
t 'c, 'llln the association of persons needed for the
C,ci\:':",Tl1lent of those staled non-profit purposes, with the
( iT'- San Bernardino in accordance with subsection (El
~:!U(_i\
1 ,"to Rncord at
,',;Cm~ Mlgl
-
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Hi;! ilar~1lf\u
FIREWORKS
1) Subsection 8.60.010 regarding Location of Sales (in 2003 only): Those licensees who
operated a fireworks stand at a location that has has been exluded from the new sales and
discharge area will be granted the right to remain at that location for one additional
year if they are unable to secure a new location within the designated area.
2) Subsection 8.60.030 regarding License Application
Section E. Replace existing language with "All applicants shall be required to
demonstrate how revenues received would benefit the citizens of San Bernardino, or would
promulgate information that enhances the favorable reputation of the City or its citizens,
by submitting official board minutes detailing the intent and authorization to sell
fireworks. Such minutes shall detail what sites, populations, or projects will benefit
the City, and for what purposes. 11 Section F. Replace existing language with "Have
attached a declaration that describes the anticipated revenues, expenses, and profits.
Such form will be provided by the City Clerk's Office to each applicant.l The information
contained in this form shall furthermore detail how much money or in-kind services will be
provided to the projects mentioned pursuant to subsection
(E) above. No less than ninety percent of the net profits derived from the sale of
fireworks in the city by the applicant shall be used for the direct advancement of the
applicant's non-profit purposes or to sustain the association of persons needed for the
advancement of those stated non-profit purposes, with the City of San Bernardino in
accordance with subsection (e) above."
5)
.,.......;.
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.r.xnJ.D1t: A
',* * FOR OFFICE USE ONLY - NOT. A PUBLIC DOCUMENT" .,i"
:~j,!? "",f~I;:~-;~~VfrV . "~'~j~'!0~t:"Y"
CI1Y OF SAN BERNARDINO:C11Y CLERK'S OFFICE
RECORDS & INFORMATION MANAGEMENT PROGRAM
.
, .....
,i,,'-
-'
AGENDA ITEM TRACKING FORM
Meeling Date/Date Adopled: :1 /1 15/0 :3 Ilem No. S I
I I
Resolution/Ordinance No. IV? C~' / /::; ,Y'
Effective Date: 3 - ,;2 / - 0-'3
Ayes: ~ ~ ~ t, / 7
Abstain, ~
Date Sent to Mayor: ,:)j I j/O 3
Date of Mayor's Signatu!e: ;;2/i ~/ i5 3
(
Date Summary Senlto Attorney: all j/t l
Date Published: ~/~ ~!..P :3 _
Meeting Type:F ~ :f,~-"--"
Continued Fromffo & Item No.
Ordinance Urgency: Yes ~
Termination/Sunset Date: /Jo
Nays: ~ if ~/~~
Absent: .' . '3 L ~ '-G-~H~
Dale Returned from Mayor: '~/;9;/6-:;
Date of Clerk's Signature: ;;< / I '1 / 0 '5
I I
Date Summary Returned from Attorney:
Vole:
,),P'c)/o3
I
Dale Seal Impressed:
d-/!~/I! '3
(
Dale Senl for Signature:
Expiration Dale:
Copies Distribu~:
~~_J2.,
To Whom:
t~
.-J-
Exhibits Complete & Attached to Resolution/Ordinance:
Reminder Letter Sent:
Reminder Letter Sent:
Rem i nder Letter Sent:
Request for Council Action & Staff Report Attached: Yes
Notes: if~.J;/ ~ - ~// Y 03
No
,1 J;{e- :
S)2.."- L~?t;~e t .il ~ tvjL~/< v-'~ /?.v_~-;I ~
~/ ft-.- /'--c~~ 0) 2~ L~~
v
Ready to File:
Date:
IX>CUMfNT lOCA TIC!+.
FQIMSI"-8Itfllb.IemTrac:lciftlFonn.CCFormNo.111.t.-Upd;ued: 12JlW1396